/ Our Ref:JC/2016/FOI/5313
Direct Line 01623 463075
e-mail :
DATE 26th February 2016
Dear Mr Chait,
Mansfield District Council
Request for Information
Freedom of Information Act 2000 (FOIA)
Environmental Information Regulations 2004 (EIR)
Internal Review
I acknowledge receipt of your email dated 19 February 2016, received at the Council on 19 February 2016, requesting the Council reviews the Freedom of Information Act 2000 reply dated 11 February 2016.
I understand you are requesting:
Please pass this on to the person who conducts Freedom ofInformation reviews.
I am writing to request an internal review of Mansfield DistrictCouncil's handling of my FOI request 'Complete Non-Residential /Business Property Rates Data'.
On 11 February 2016, I sent an FOI request for a complete andup-to-date list of all business (non-residential) property rates data for Mansfield District Council, and including the followingfields:
- Billing Authority Code
- Firm's Trading Name (i.e. property occupant)
- Full Property Address (Number, Street, Postal Code, Town)
- Occupied / Vacant
- Date of Occupation / Vacancy
- Actual annual rates charged (in Pounds)
My request has been refused in terms of Section 31(a). According tothe Information Commissioners Office, "Section 31 is a prejudicebased exemption and is subject to the public interest test. Thismeans that not only does the information have to prejudice one ofthe purposes listed, but, before the information can be withheld, the public interest in preventing that prejudice must outweigh thepublic interest in disclosure."
Section 31(a) deals specifically with "the prevention or detectionof crime".
The sole purpose of our use of the data requested is in informingentrepreneurs and business seekers about opportunities in emptypremises when they are advertised for new tenants.
We combine local authority premises occupation data with other data(from the Valuations Office and ONS) to develop forward guidance onbusiness potential in each empty business property. These data arethen made available via online commercial property leasing intermediaries as a free service to business seekers. These leasing intermediaries combine these data with properties being offered forrent. In other words, these are properties being clearly advertisedas empty whether your data are publically available or not.
I would ask that you consider that the public interest in economicdevelopment and improving opportunities for independent businessesand entrepreneurs far outweighs any concern that the release ofdata which can identify empty business properties may cause crime.
Further details on our activities are available at, but our activity is supported by the Open DataInstitute and we have received funding from the EU Open DataIncubator to develop this service.
We are able to compromise our request and ask for a list ofoccupied premises only which we will then reconcile with the VOAmaster list.
Empty premises will be known to residents of the community in whichthey are based. I ask you to consider the very clear public benefitof bringing these properties back into use by revealing theeconomic potential of these sites, versus your concern that someone- not resident in your community - would purchase the full VOA listmerely to reconcile occupied premises data in order to find anempty property and, in some way, commit a crime there.
Unemployment and economic deprivation are often key to reducing thepotential for crime. Our intention is to support local economicdevelopment initiatives through the use of your data.
I ask that you reconsider your decision and make this dataavailable to us under terms which permit our use thereof.
A full history of my FOI request and all correspondence is available on the Internet at this address:
I confirm that I will conduct a review of this matter and will reply to you by 18 March 2016.
In your request for an internal review, you have explained that you do not feel that you have been provided with all of the recorded information which falls within the scope of your request.
If you have any queries, please do not hesitate to contact meeither by e-mail at or by writing tome at Mansfield District Council, Civic Centre, Chesterfield Road South, Mansfield, Nottinghamshire, NG19 7BH.Telephone 01623 463075.
If you are not satisfied with how your request has been dealt with then you should complain by writing to Mrs Beverley Smith, Chief Executive, Mansfield District Council, Civic Centre, Chesterfield Road South, Mansfield, Nottinghamshire, NG19 7BH.
If you are still not satisfied with the outcome of your complaint then you have a right of appeal to the Information Commissioner’s Office: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Telephone - 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number. Or email:
Yours sincerely
Jacqueline Collins
Director of Governance